Dr. Arnold Smith's attorney filed a notice with the court that he intends to claim that the doctor was insane at the time of the crimes for which he is charged.

The notice, which is required under court rules, was filed on February 28, 2013, but lay unnoticed by the media and the public in the voluminous case file, until discovered by me during a thorough review last week. The notice may be seen here:
Notice of Claim to Insanity Defense

Dr. Arnold Smith is currently undergoing psychiatric evaluation at the State Mental Hospital to assess his mental status both now and back on April 28, 2012 when the incidents took place.

Smith is accused of paying Keaira Byrd to murder attorney Lee Abraham, but that Saturday night, Byrd and his associate Derrick Lacy were met by two agents of the Attorney General's office in the foyer of Abraham's law office on Market Street. A gunfight ensued, with Byrd shot dead, and Lacey seriously wounded.

Smith had previously claimed he is now mentally unfit to stand trial. If found to be so, he would be held until he regains the mental capacity to be put on trial for the crimes for which he is charged.

However, now Smith's claim of mental defect goes to the heart of the allegations against him. The public was until now unaware that he has now claimed to be insane at the time of the crimes. Smith's attorneys would therefore attempt to obtain a ruling of "not guilty by reason of insanity" under this notice.

Judge Breland Hilburn has already ordered the state mental hospital at Whitfield to assess both Smith's current competence to stand trial, as well as his sanity at the time of the alleged crimes themselves.